STATE v. VESSEY

No. 950820-CA.

957 P.2d 1239 (1998)

STATE of Utah, Plaintiff and Appellee, v. Rodney A. VESSEY, Defendant and Appellant.

Court of Appeals of Utah.

April 2, 1998.


Attorney(s) appearing for the Case

Rodney A. Vessey, Gunnison, Appellant Pro Se.

Jan Graham and Marian Decker, Salt Lake City, for Appellee.

Before DAVIS, P.J., and GREENWOOD and JACKSON, JJ.


OPINION

PER CURIAM:

This matter is before the court on the State's motion to dismiss without prejudice on the ground that this court lacks jurisdiction because the trial court has not yet acted on defendant's motion for a new trial. The motion to dismiss is denied because defendant's motion for a new trial was not timely.

In May 1995, defendant was convicted by a jury of rape of a child, a first degree...

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